Browning v. Fies
Alabama Court of Appeals
Appeal from Birmingham City. Court. Heard before Hon. Charles A. Senn. Action by C. L. Browning against Jacob Fies and another for damages for breach of contract. From a judgment granting insufficient relief, plaintiff appeals.
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Appeal from Birmingham City. Court. Heard before Hon. Charles A. Senn. Action by C. L. Browning against Jacob Fies and another for damages for breach of contract. From a judgment granting insufficient relief, plaintiff appeals. Mental suffering and injury to feeling resulting proximately from the wrongful act of the defendant, entitles the plaintiff to recover although no actual damage be alleged or proved, and form of the action may he ex delicto, the tort being a violation of legal duty involving as one of its elements a breach of contract. — 64th Cent. Law Journal No. 14 page 275; Lindh…
1Opinion of the CourtPelham, J.
This is a suit for damages for the breach of a contract entered into between the appellant, who was the plaintiff below, and the appellee. Under the terms of the contract, the defendants, for the consideration of $5 paid to them by the plaintiff, agreed to furnish a carriage and team for the special purpose of carrying the plaintiff, his friends, and relatives from the home of the plaintiff near Rising Station to a church *583in Birmingham, Ala., a distance of about three .miles, at which church the plaintiff , on this particular occasion was to be married. The damages claimed and sought to be…
2Cases cited11 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Hardeman v. WilliamsSupreme Court of Alabama · 1907
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
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3Cited by9 opinions
- Westervelt v. McCulloughCalifornia Court of Appeal · 1924
- Fogleman v. Peruvian AssociatesCourt of Appeals of Arizona · 1980
- McConnell v. United States Express Co.Michigan Supreme Court · 1914
- Kates Transfer & Warehouse Co. v. KlassenAlabama Court of Appeals · 1912
- Wyatt v. AdairSupreme Court of Alabama · 1926
4 more not listed; retrieve them via the Exa API.